Alka Jayantilal Shah and Ors. v. Apurva Shah and Anr.
Case brief
What is this about?
Bombay High Court Civil Appellate Jurisdiction; FIRST APPEAL NO. 600 OF 2024 (Fa-600-2024.doc); Alka Jayantilal Shah and Others v. Apurva Shah and Another; decided 11-03-2025 by Sharmila U. Deshmukh, J. Themes: co-operative housing society share certificate; deletion of deceased member's name; nomination of Defendants 2 and 3; intestate death of Jayantilal on 27-03-2006; son's 1/5th share in father's 50% share in suit flat (= 1/10th of entire flat per Trial Court); suit for partition and separate possession filed 2014; limitation plea of three years for declaratory suit rejected; defendants filed written statement but did not enter witness box, defence excluded; alleged Will in favour of wife; Petition for Probate dismissed for default; Trial Court rejected plea that flat was purchased by father out of his own income; First Appeal dismissed 11-03-2025; pending civil/interim applications disposed; corrected order dtd 24-03-2025.